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THE 

GAME MR FISH 
LAWS 

OF COLORADO 

REVISION OF 1909 

Amendment as to Open Seasons in Effect 

JULY 28th, 1909 



Revised and Published by Authority 



T. J. HOLLAND 

STATE GAME AND FISH COMMISSIONER 
DENVER, COLORADO 

JAMEfrA. SHINN 

DEPUTY GAME AND FISH COMMISSIONER 
DENVER, COLORADO 




Denver Democrat Printing Co., Denver, Colorado 






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SK 375 

. 05 No license required for Residents to fish. 

1909 

Copy 1 



THE GAME AND FISH LAWS OF 
COLORADO 

REVISED 1909 

T. J. HOLLAND, Commissioner 

NOTE — For convenience the section numbers herein are 
the same as in the Colorado Revised Statutes, 1908. All 
changes of 1909 are printed in black-face type and go into 
\ effect on July 28. 1909. 

I. Division A. Department Created, Commissioner and 
Wardens, Powers and Duties, Ownership of Game and Fish, 
General Provisions.— 2725-2752. 

II. Division B. General Regulations, Open Seasons, 
Number, Quantity.— 2753-2760. 

-, III. Division C. Public and Private Parks, Lakes and 
Preserves, Sale of Game and Fish Therefrom. — 2761-2792. 

FY. Division D. Importation, Transportation, Storage, 
Seizure, Sale.— 2793-2810. 

V. Division E. Hotels and Restaurants.— 2811-2813. 

VI. bivision F. Unlawful Devices, Destruction of 
Same, Diversion and Pollution of Waters. — 2814-2832. 

VII. Division G. Hunting Licenses.— 2833-2846. 

'vTII. Division H. Guide Licenses.— 2847-2849. 

j IX. Division J. Taxidermists, Scientific Societies, 
Mounted Specimens.— 2850-2858. 

'x. Division K. Domestic Certificates, General Pro- 
visions.— 2859-2864. 

XL Division M. Records, Reports, Fees, Repeal, Tak- 
ing Effect— 2865-2873. 

XII.| Division N. (G) Penalties, Prosecutions, Fines. — 
2874-2885. 

XIII.', Birds, Nests and Eggs.— 2886-2893. 



1. 

DIVISION A. 

Department Created — Commissioner and Wardens — Powers 
and Duties — Ownership of Game and Fish — Generai 
Provisions. 

2725. The department of game and fish is hereby cre- 
ated and immediately upon the passage of this Act, and 
every two years thereafter, the governor shall, by and with 
the consent of the Senate, appoint some person, skilled in 
matters relating to game and fish, to be the State Game 
and Fish Commissioner who shall be the head of the Game 
and Fish Department and shall take his office on the first 
day of April of each biennial period. The governor may 
at any time remove the commissioner for cause, and in 
vacation of the Senate may fill any vacancy in the office 
for the unexpired term by appointment in writing filed 
v/ith the secretary of state. 

The commissioner shall be a resident and citizen of 
this state, and shall hold his office for the term of two years 
or until his successor shall be duly appointed and qualified; 
the commissioner shall receive a salary of eighteen hun- 
dred dollars ($1,800) per annum, together with his reason- / 
able and necessary traveling expenses, not exceeding six / 
hundred dollars ($600) per annum, to be paid as the salary 
and expenses of other state officers; and such commis- 
sioner shall have the power to appoint a deputy state game 
and fish commissioner at a salary of fifteen hundred dollars 
($1,500) per annum, together with his reasonable and neces- 
sary traveling expenses, not exceeding four hundred dol- 
lars ($400) per annum, to be paid as the salary and ex- 
penses of the commissioner are paid; and the commissioned 
may revoke such appointment at any time and appoinL 
sucecssor. [L. '07, p. 415, §1.] y£ the 

2726. Before entering upon the duties of his officyado in 
commissioner shall give a bond to the state of Colorficfo du- 
the sum of $5,000, for the faithful performance of sf f state, 
ties, with sureties to be approved by the auditor o^&gd he 
the same to be filed with the secretary of state, JST" 
shall also take and file an oath similar to that required 
other state officers. [L. '99, p. 184, §2.] 

2727. The commissioner shall be provided with an of] 
fice at the state capitol, and with suitable furniture, statioips 
ery and other facilities for the transaction of the busineJof 
of his department. He may appoint a clerk at a salary/ re- 
not exceeding $1,000 per annum, and may at any timf^§3.] 
move said clerk and appoint a successor. [L. '99, p. 185 ' with 

2728. The commissioner may in writing by andArvice 
the approval of the governor appoint and keep in s«e resi- 
not more than five chief game wardens, who shall b/ to be 
dents and citizens of this state, such appointments/ 



1 



filed with the state auditor. Each chief game warden shall 
receive a salary of $900 per annum, and his reasonable and 
necessary traveling expenses, and not exceeding $300 per 
annum. If deemed necessary for the proper enforcement 
of this act, the commissioner may, with the approval of 
the governor, appoint deputy game wardens for a limited 
time, and not exceeding twenty in number at any one time, 
at a compensation not exceeding at the rate of $100 per 
month, each, while actually engaged in duty, which shall 
be in full for services and ordinary expenses, provided that 
in no event shall the deputies and special wardens so ap- 
pointed, or any of them exercise the powers of a deputy 
sheriff except for the purposes of enforcing the provisions 
of this act. 

The commissioner may also appoint by and with the ap- 
proval of the governor special game wardens, to serve with- 
out pay, who shall have the same powers as deputy war- 
dens. The commissioner may revoke the commission of 
any warden, and appoint his successor at pleasure by and 
with the approval of the governor. 

All moneys received from fees and licenses of all kinds 
as provided by this act shall be deposited by the commis- 
sioner in the state treasury in a fund to be known as the 
fish and game cash fund, and may be used by the commis- 
sioner for the purpose of employing additional game war- 
dens as above provided, and also for the propagation and 
protection of fish and game as provided in section 2749 of 
this division, and the auditor of state by and with the ap- 
proval of the governor shall, upon the presentation of 
vouchers properly drawn and signed by the commissioner, 
issue a warrant or warrants upon the state treasury pay- 
able out of the fish and game cash fund for the purposes 
mentioned, but in no event shall the auditor draw a war- 
rant or warrants payable from the fish and game cash fund 
unless there shall be money in said fund to pay such war- 
rant or warrants. [L. '09, p. — , §1.] 

2729. The commissioner may also by writing filed in 
the office of the secretary of state, appoint a superin- 
tendent of state fish hatcheries, who shall be skilled in fish 
culture, and who shall hold his office for the term of two 
years, subject to the power of the commissioner to remove 
him at any time, and to appoint a successor in like man- 
ner. The superintendent shall receive a salary of $1,200 
per annum, and his reasonable and necessary traveling ex- 
penses, not exceeding $400 per annum. The commissioner 
may also appoint an, assistant superintendent at each of 
the operative fish hatcheries of the state, at a salary of 
$900 per annum, each; provided, that the salary of the 
assistant at the Denver hatchery shall be $1,200 per an- 
num. [L. '99, p. 185, §6.] 

2730. The commissioner shall have power to prescribe 



such rules, regulations and forms as may be required to 
carry out the true intent of this act, and not inconsistent 
herewith. [L. '99, p. 186, '§7.] 

2731. Except as herein otherwise specially provided, 
all money received under this act by a warden shall be paid 
over to the commissioner. Those received by the commis- 
sioner shall be paid over monthly to the state treasurer, 
and those received by the state treasurer, from whatever 
source, under the provisions hereof, shall constitute a game 
fund, and be used exclusively for the payment of the sal- 
aries and expenses incurred as provided herein, and in the 
event such fund shall at any time prove insufficient, the 
deficiency shall be paid out of any moneys in the state 
treasury, in the same manner as those of other state offi- 
cers, and such appropriations shall be made as may be 
necessary therefor. Payments of salaries and expenses 
shall be made monthly upon verified accounts in detail, ap- 
proved by the commissioner and governor, and warrants 
drawn by the auditor of state. [L. '99, p. 186, §8.] 

2732. It shall be the duty of the commissioner and 
chief wardens to devote their entire time to the perform- 
ance of the duties specified in this act, and to cause prose- 
cutions to be instituted and conducted for the punishment 
of violations thereof. In the performance of their duties 
the commissioner and wardens shall have all the rights 
and powers, throughout the state, of sheriffs and constables 
in their respective counties, except as herein otherwise 
provided. [L. '99, p. 186, §9.] 

2733. The commissioner shall biennially make to the 
governor a report of the transactions of his department 
which shall contain an account of the work done, of moneys 
expended and recommendations for future work, the cost 
of said report not to exceed $200. [L. '99, p. 186, §10.] 

2734. The commissioner and every warden through- 
out the state, and every sheriff and constable in his respec- 
tive county, is authorized and required to enforce this act 
and seize any game or fish taken or held in violation of 
this act, and he shall have full power and authority, and 
it shall be the duty of every such officer, with or without a 
warrant, to arrest any person whom he has reason to be- 
lieve guilty of a violation thereof; and with or without a 
warrant to open, enter and examine all camps, wagons, 
cars, stages, tents, packs, warehouses, stores, outhouses, 
stables, barns, and other places, boxes, barrels, and pack- 
ages where he has reason to believe any game or fish taken 
or held in violation of this act, is to be found, and to seize 
the same; provided, that a dwelling house actually oc- 
cupied can be entered for examination only in pursuance 
of a warrant. [L. '99, p. 187, §11.] 

2735. Where game or fish, while being transported, 
is seized under this act, the officer making such seizure 



shall have authority, upon payment of reasonable compen- 
sation therefor, to also take possession of and use any 
animals and vehicles used in such transportation for the 
purpose of conveying the game or fish seized to a conven- 
ient railroad station or place of safe keeping or sale, and 
also for conveying any person arrested for the unlawful 
possession of such game or fish to a place of hearing or 
trial, and no liability shall attach to such officer by reason 
thereof, but this section shall not apply to any animal or 
vehicle while being used as a public conveyance for pas- 
sengers or mails, or to any railroad car. [L. '99, p. 187, §12.] 

2736. In case Indians or other persons shall engage in 
the hunting or killing of game or fish in violation of this 
act, in such number as to be beyond the reasonable power 
of the commissioner or any chief warden to control, or in 
case of forcible resistance to the enforcement thereof, it 
shall be the duty of the sheriff of the county in which such 
violation exists, upon demand of the commissioner or any 
chief warden, to aid him in the enforcement of this act, 
and to call to his assistance, at once a sufficient number of 
persons to enforce the same promptly and effectually, or, 
if by him deemed necessary, said commissioner or chief 
warden may call such assistance without the intervention 
of the sheriff. The failure, without good cause, of any per- 
son called to assist in such enforcement to respond and 
render such assistance shall be deemed a violation of this 
act. [L. '99, p. 187, §13.] 

2737. No person shall set fire to any timber or grass 
on land belonging to this state or to the United States, or 
set fire in any place where it is liable to spread to such 
timber or grass, nor leave any camp fire unextinguished, 
and every officer having authority in relation to timber or 
timber reserves of the United States shall have the same 
authority under this act as a deputy warden. [L. '99, p. 
188, §14.] 

2738. The commissioner may, if he so elect, bring and 
maintain a civil action in the name of the people of the 
state for the possession of any game or fish taken, killed 
or held in violation of this act, or for the value thereof, 
against any person in possession or exercising control over 
the same, and if required by the commissioner, a writ of 
replevin shall issue therein without bond. No previous de- 
mand for possession shall be necessary. In case costs or 
damages are adjudged in favor of the defendant, the same 
shall be paid out of the game fund. Neither the pendency 
of such action nor of a criminal prosecution for the same 
taking, killing or possession, shall be a bar to the other, 
nor shall anything in this section affect the right of seizure 
under the other provisions of this act. [L. '99, p. 188, §15] 

2739. All game and fish now or hereafter within this 
state not held by private ownership, legally acquired and, 



Which for the purposes of this act shall include all the 
quadrupeds, birds and fish mentioned in this act, are here- 
by declared to be the property of the state, and no right, 
title, interest or property therein can be acquired or trans- 
ferred, or possession thereof had or maintained except as 
herein expressly provided. [L. '99, p. 188, §16.] 

2740. No fish, fry or ova which may be in any of said 
hatcheries shall be sold or disposed of; provided, that the 
superintendent of state fish hatcheries shall not be pre-, 
vented by the above provision from exchanging either fish, 
fry or ova with any other hatchery. [L. '97, p. 35, §7.] 

2746. As used in this act, and unless otherwise spe- 
cifically restricted or enlarged, the word game includes all 
the quadrupeds and birds, and the word fish includes all 
fish (except white salmon, suckers, carp and squaw fish) 
mentioned herein, and now or hereafter within this state 
and not held by private ownership legally acquired. 
LU '99, p. 189, §17.] 

2747. As used in this act, unless otherwise specifically 
restricted or enlarged, the words herein and hereof refer 
to the whole act; the words person, owner, proprietor, 
grantee, lessee or licensee include a firm, association, cor- 
poration or municipality; the word commissioner means 
the state game and fish commissioner; the word warden 
or wardens include the chief wardens, deputy wardens and 
special wardens provided for herein; the word officer in- 
cludes every person authorized to enforce this act; and 
whenever the possession, use, importation, transportation, 
storage, taxidermy, sale, offering or exposing for sale of 
game or fish is prohibited or restricted, the prohibition and 
restriction, shall, where not specifically otherwise provided 
extend to and include every part of such game or fish, and 
a violation as to each individual animal or part thereof 
shall be a separate offense, and two or more offenses may 
be charged in the same complaint, information or indict- 
ment, and proof as to a part of an animal shall be sufficient 
to sustain a charge as to the whole of it; and violations as 
to any number of animals of the same kind may be charged 
in the same count and punished as a separate offense as 
to each animal. [L. '99, p. 189, §18.] 

2748. The possession at any time of game or fish un- 
accompanied by a proper and valid license, certificate, per- 
mit, or invoice, as herein provided, shall be prima facie evi- 
dence that such game or fish was unlawfully taken and 
is unlawfully held in possession, and it shall be the duty 
of every person having the possession or control of game 
or fish to produce the proper license, certificate, permit, or 
invoice, when one is required by this act, on demand of 
any officer, and to permit the same to be inspected and 
copied by him. [L. '99, p. 189, §19.] 

2749. The commissioner may take, or authorize the 



taking from any of the waters of this state, at any time, 
and in any manner, by competent assistants skilled in such 
work, and avoiding in every way possible injury to the fish 
so taken from the public waters for such purposes, any 
fish or spawn belonging to the state for the purpose of 
propagating or stocking other waters in this state, or ex- 
changing with the fish commissioners of other states or of 
the United States, but no such fish or spawn shall be taken 
or used for propagation in or stocking of any private lake, 
nor shall anything herein prohibit the purchase, by the 
commissioner, of fish fry and eggs for stocking waters in 
this state, but no fry or eggs of fish destructive of trout 
shall be placed in public waters without the consent of the 
commissioner. All spawn of rainbow trout taken from any 
stream of this state, for use in the state fish hatcheries, 
shall be hatched and fed and nursed at such hatcheries for 
at least three months, when not less than fifty (50) per 
cent of the fry resulting from such hatching and feeding 
shall be returned to the stream from which the original 
spawn was taken. 

The commissioner may also use the fish and game cash 
fund for the purchase of fish, fish fry, fish eggs, game 
quadrupeds and game birds of any kind, deemed suitable 
by him for propagation within this state, and shall dis 
tribute the same in such manner as may be deemed by him 
most effectual to promote such propagation. He may also, 
with the approval of the governor, lease from owners of 
licensed lakes the right to take spawn from such lakes for 
the purpose of supplying the hatcheries of the state. 

The commissioner may also authorize the retention by 
any resident of the state of any young game animal which 
has been abandoned by its mother and taken in good 
faith for the purpose of saving its life; but no more than 
two such animals shall be retained by one person at the 
same time. 

The commissioner, with the written permission of the 
governor, may also at any time and in any manner take 
game running at large within the state, for the purpose of 
propagation in other parts of the state, but the same shall 
not be used for stocking any private park. [L. '09, p. — , 
§2.] 

2750. In case of a violation of this act by a corpora- 
tion, the warrant of arrest may be read to the president, 
secretary or manager in this state, or any general or local 
agent thereof in the county where the action is pending, 
and upon its return of such warrant so served, the corpora- 
tion shall be deemed in court and subject to the jurisdic- 
tion thereof, and any fine imposed may be collected by 
execution against the property of such corporation, but 
this section shall not be deemed to exempt any agent or 
employe from prosecution. [L. '99, p. 190, §21.] 



2751. In case the commissioner shall revoke the com- 
mission of a warden he shall immediately notify him in 
writing, and it shall be the duty of the person whose com- 
mission is revoked immediately on receipt of such notice 
to mail such commission to the commissioner at Denver 
and to refrain thereafter from acting or assuming to act 
as a warden. [L. '99, p. 190, §22.] 

2752. If the holder of any license, certificate or permit 
shall persistently or flagrantly and knowingly violate or 
countenance the violation of any provision of this act, such 
license, certificate or permit shall be revoked by the com- 
missioner after due notice given of the alleged violation 
and an opportunity afforded to appear and show cause 
against the same. [L. '99, p. 190, §23.] 



11. 

DIVISION B. 

General Regulations — Open Seasons — Number — Quantity. 

2753. No person shall at any time of the year, or in 
any manner, pursue, take, wound or kill any bison, buffalo, 
elk, deer, antelope, mountain sheep or beaver, or any of 
the following wild birds, viz.: Turkey, prairie chicken, 
sage chicken, grouse, quail, pheasant, partridge, ptarmigan, 
duck, goose, brant, swan, crane, water fowl, pigeon, dove, 
snipe, or curlew, or any trout, white fish, grayling, sun- 
fish, bass, wall-eyed pike or other food fish, or sell, offer 
or expose for sale or have the same in possession, except 
as permitted by this act. Whenever it shall become neces- 
sary by reason of snow or other failure of their natural 
food supply to feed any of the animals mentioned in sec- 
tion one of this act in order to prevent them from suffer- 
ing, it shall be the duty of the state fish and game com- 
missioner to provide them with such food as may be nec- 
essary, to be paid for out of the fees of his office, with the 
approval of the governor, and the auditor shall issue his 
warrant for the same. [L. '99, p. 191, §1.] 

2754. No person shall shoot from a public highway at 
game, or fish or hunt game in any enclosure not public 
land without the consent of the owner or persons in charge 
of the same, nor fish or hunt in any park, lake or pre- 
serve licensed under this act without the consent of the 
proprietor or person in charge of the same, and no ques- 
tion of ownership, proprietorship, or charge, shall defeat 
a prosecution unless it appears that the accused in good 
faith has heretofore claimed and at the time of the com- 
mission of the act complained of, claimed to be such owner, 
proprietor or to have such charge, or to have had the con- 
sent of the owner, proprietor or person in charge, and 
shall establish such claim. [L. '99, p. 191, §2.] 

2755. No person shall have in possession or transport 
the carcass of any game quadruped or any considerable 
portion of such carcass unless the same has thereon the 
natural evidence of its sex sufficient to enable such sex to 
be readily determined by ordinary inspection. [*!,. '99, p. 
191, §3.] 

2756. Every person lawfully taking any fish alive and 
desiring and entitled lawfully to retain the same, shall im- 
mediately kill it, unless it is intended to be kept alive, 
in which case it shall be immediately placed in a suitable 
receptacle containing sufficient water and given proper 
care and attention. [L. '99, p. 191, §4.] 

2757. No game or fish shall be used for baiting any 
trap, device or deadfall, nor shall any edible portion of 
game or fish be abandoned or permitted to go to waste, nor 
shall the nest of eggs of any game bird be wilfully dis- 

9 



turbed, destroyed or held in possession. [L. '99, p. 192, §5.] 

2758. No dynamite or other explosive or poisonous or 
stupefying substance whatever shall be used in the taking 
or killing of any fish, nor placed in any waters containing 
fish, except when done by public authority for public im- 
provement, nor shall any ties or timber be driven or floated 
down any stream containing fish. [L. '99, p. 192, §6.] 

2759. It shall be lawful to pursue, take or kill, during 
the open season therefor, in the manner, of the kind, for 
the purpose and to the number and extent in this provision 
provided, the following game and fish, and the open season 
therefor in each year shall begin and end as hereinafter 
provided, both dates inclusive, namely: 

First. For deer having horns, October 1st to October 
10th, inclusive, commencing in 1909. 

Second. For male mountain sheep having horns, Sep- 
tember 25th to September 30th, commencing 1924. 

Third. For male antelope having horns, September 25th 
to September 30th, commencing in 1912. 

Fourth. For elk having horns, November 1st to Novem- 
ber 5th, commencing in 1924. 

Fifth. For prairie chickens, October 1st to October 
20th, commencing in 1909. 

Sixth. For sage chickens and mountain and willow 
grouse, September 10th to October 10th, commencing in 
1909. 

Seventh. For pheasants, capercailzies, black games, 
and other grouse not indigenous to this state, September 
1st to September 20th, commencing in 1914. 

Eighth. For ducks, geese, brants, swans, cranes, and 
other water fowls, September 10th of each year to April 
15th of the following year, commencing in 1909. 

Ninth. For plovers, curlews, snipes and other wading, 
marsh and shore birds, March 1st to April 15th, and August 
1st to November 30th, commencing in 1909. 

Tenth. For doves, August 20th to September 5th, com- 
mencing in 1909. 

Eleventh. For Bob White quail, October 1st to October 
20th, commencing in 1912. 

Twelfth. For crested quails, October 15th to October 
30th, commencing in 1912. 

2759-a. The open season for trout not less than seven 
inches in length shall begin May 25th and end November 
30th next ensuing, and in no instance shall fishing be done 
between the hours of 10 o'clock p. m. and 4 o'clock a. m. 
There shall be no closed season on any other kind of fish 
excepting trout. 

2759-b. Beavers which interfere with the maintenance 
or operation of any canal, ditch or lawful dam, or the cul- 
tivation of land, or injure timber, may be killed at any time 
in pursuance of written permission from the commissioner 

10 



first obtained, under such regulations as he may provide as 
to the disposition of the skins. 

2759-c. The right given by this division to take or kill 
game and fish is limited to food purposes, and to 20 geese 
and 20 other birds of the same kind, and 20 pounds of trout 
in one calendar day, and no person shall take, kill or 
have in possession in any one open season more than one 
game quadruped of the same kind, nor shall any person 
have in possession at any one time more than 25 geese, 25 
ducks and 25 other birds, nor more than 25 pounds of trout; 
nor shall any person under 12 years of age be entitled to 
hunt except on his own premises, or those of a relative or 
guardian, or take, kill, or have in possession more than half 
the number of birds or half the weight of trout as herein- 
before provided. 

2759-d. No game or fish shall be held in possession by 
any person for more than five days after the close of the 
season for killing the same, except as in this act otherwise 
provided. 

2759-e. No game shall be pursued, taken, wounded or 
killed in the night, nor with a steel or hard-pointed bullet; 
nor with any weapon other than an ordinary shoulder gun 
or pistol, nor shall any fish be taken or killed except in 
the ordinary manner with a line and rod held in the hand, 
and the hook or hooks baited with natural or artificial bait; 
and fishing with snag hooks or trot lines, or lines having 
more than five hooks thereon, shall not be deemed the or- 
dinary manner of fishing; nor shall any person fish within 
two hundred feet of any fishway, nor dispose of to another, 
except by actual donation, any game or fish taken or killed 
under the provisions of this division: 

Provided, that dogs, blinds, sinks and decoys may be 
used for hunting birds, and that the provisions of this di- 
vision in relation to game quadrupeds and fish shall not 
apply to those parks and lakes licensed for the keeping 
and propagation of the same; nor to fishing for suckers, 
catfish, carp or squaw fish with snag hooks, hand or trot 
lines, nets and seines in any streams at places where there 
are no trout, but every person using a net or seine must 
first obtain from the commissioner a permit, designating 
the place where the same is to be used. Any fish other than 
suckers, catfish, carp or squaw fish so taken must be imme- 
diately returned to the stream alive. [L. '09, p. — , §3.] 

2760. Such permit shall expire with the calendar year, 
and be substantially in the following form: 

Form 1. 

STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 

Permit for Suckers, Catfish or Squaw Fish. 

No Denver, , 190 .. . 

Mr is hereby authorized to take- 

11 



suckers, catfish, carp or squaw fish from the 

at from , 190 . . . , in conformity with 

law. This authorizes possession and sale, transportation 
and storage. Void after date last above. 

, Commissioner. 

[L. '03, p. 242, §2.] 



12 



III. 

DIVISION C. 

Public and Private Parks, Lakes and Preserves — Sale of 
Game and Fish Therefrom. 

2761. No person shall have in possession or keep or 
retain in captivity in any park, enclosure, lake or body of 
water, public or private, any living game or fish unless the 
person having such possession, or the proprietor of such 
park, enclosure, lake or body of water shall procure a li- 
cense therefor as hereinafter provided; and in any prosecu- 
tion for a violation of this section the possession of any 
living game or fish, or the having or keeping of any such 
game or fish in any park, enclosure, lake or body of water 
shall be prima facie evidence that the same was unlaw- 
fully captured and is unlawfully held in possession. [L. 
'99, p. 194, §1.] 

2762. Any park, enclosure, lake or body of water main- 
tained in violation of this act shall be deemed a continuing 
public nuisance and may be abated as provided by law for 
the abatement of public nuisances and the game therein 
liberated, or any obstruction to the free ingress or egress 
of fish removed, and each day the same is maintained in 
violation hereof shall be a seperate offense. [L. '99, p. 
194, §2.] 

2763. No person shall transport or sell, keep or ex- 
pose or offer for transportation or sale any game or fish, 
taken from any park enclosure, lake or body of water, 
public or private, unless the same be licensed as provided 
in this act, and then only as provided in this division, and 
this section shall apply to game and fish held by private 
ownership as well as to game and fish the ownership of 
which may be acquired under this act [L. '99. p. 194, §3.] 

2764. The provisions of this division in relation to pri- 
vate parks and lakes, the licensing thereof for the keeping 
and propagation of game and fish therein, and permitting 
the sale thereof, shall apply to every park or lake in whole 
or in part on land held by private ownership, and to every 
lake the water of which, or the right to the use of such 
water, in whole or in part, has been or may hereafter be 
acquired under the laws of this state or of the United 
States, for irrigation purposes, and the owner of such land 
or water right shall be deemed the proprietor of such park, 
or lake, and of the game or fish therein, and such lakes 
shall be designated as class A. [L. '99, p. 195, §4.] 

2765. Any person having already established or desir- 
ing to establish and maintain a park or lake, public or pri- 
vate, for the purpose of keeping or propagating and sell- 
ing the game or fish therein or to be placed therein, shall 
apply in writing to the commissioner, stating the name, 
location, extent and proprietorship of the same, the kind 

13 



and as near as may be, the number of game or fish kept 
or desired to be kept therein, the term of which the license 
is desired, and enclosing the fee therefor, and if upon ex- 
amination by the commissioner it shall appear that the ap- 
plication is in good faith, and in other respects proper and 
reasonable, he shall grant to such applicant a license there- 
for. [L. '99, p. 195, §5.] 

2766. Such license shall be substantially in the fol- 
lowing form: 

F'orm 2. 

STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 

Licensed Parks and Lakes. 

No Class A. Denver 190 . . 

This certifies that , proprietor of a (public 

or private) (park or lake) called , and situated 

on , Sec' , Twp , Range , in 

county, Colorado, is hereby authorized 

to keep and propagate therein and dispose of as provided 
by law, the following (game quadrupeds, birds or fish), 

viz. : 

together with such additions thereto (with the natuial in- 
crease of all) as may be hereafter lawfully acquired. This 
authorizes possession, use and sale, but not transportation, 

and expires years after date. 

, Commissioner. 

[L. '99, p. 195, §6.J 

2767. When any such proprietor shall desire to pro- 
cure or add to his collection game or fish belonging to the 
state, he shall apply to the commissioner, who, if it appear 
that the same is in good faith and proper and reasonable, 
shall issue a permit to procure the kind and number 
therein stated, which permit shall be sufficient to authorize 
the proprietor therein named or his agent appointed in 
writing, to capture or procure alive at any time of year 
such game and fish and to keep and dispose of them and 
their natural increase subject to the provisions of this 
act, but no permit shall be valid except in the year of its 
date; provided, that the use of such game or fish for any 
other purpose, or the injury or destruction of the same in 
the effort to capture or otherwise, shall be deemed a viola- 
tion of this act, unless it is made to appear that the same 
occurred without the fault or negligence of any person 
engaged therein; provided, also, that no fee for license or 
permit shall be charged for any park or lake owned or 
controlled by a municipality and to which the public is 
admitted free. Such parks and lakes shall be deemed pub- 
lic. All other parks and lakes licensed under this act 
shall be deemed private. [L. '99, p. 196, §7.] 

2768. The commissioner may also grant a permit to 
any such proprietor for the exchange of any game or 

14 



fish in such park or lake for other game or fish suitable 
for preservation or propagation in this state, with other 
persons within or without the state. [L. '99, p. 196, §8.] 
2769. All permits for capture or exchange shall ex- 
pire with the year in which issued and shall be substan- 
tially in the following form: 
Form 3. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Permit to Capture or Exchange. 

No Class A. Denver, , 190 . . 

This certifies that of , is 

authorized in person or by His agent, authorized in writ- 
ing, to capture alive at any time of year (or exchange for 

) the following game and fish, to wit: 

for the purpose of propagation in 

licensed (park or lake) No This authorizes 

possession and transportation to the licensed park or lake, 
but expires with the year of its date. 

, Commissioner. 

[L. '99, p. 197, §9.] 

2770. Where a private park or lake of class A licensed 
under the preceding sections contains game quadrupeds 
or fish belonging to the state, at the date of the license, the 
commissioner shall have the right to demand and receive 
from the proprietor, free of charge, at such park, not more 
than 10 per cent of the natural increase of the game and 
quadrupeds therein, for each year thereafter; and not more 
than 10 per cent of the fertilized fish eggs stripped from 
the fish in such lake each year thereafter, and it shall be 
the duty of the proprietor to give reasonable notice to the 
commissioner of the time when such eggs will be ready 
for delivery. The commissioner shall secure, at his own 
expense and whenever he may elect, the game quadrupeds 
to which he is so entitled, but if he fails to do so before 
November 1, or fails to provide for the reception of the 
eggs to which he is entitled, his right thereto for that year 
shall cease. [L. '99, p. 197, §10.] 

2771. If the proprietor of any lake mentioned in the 
last preceding section shall fail in any year to strip the 
fish therein, the commissioner shall have the right to do 
so, the same to be without expense to the proprietor. 
[L. '99, p. 197, §11.] 

2772. All game quadrupeds and fish eggs so obtained 
by the commissioner from private parks and lakes shall 
belong to the state, and shall be used or sold by the com- 
missioner for the purpose of stocking other parks, streams 
or lakes. [L. '99, p. 198, §12.] 

2773. No person owning or controlling any reservoir, 
lake or body of water into which public waters flow and 

15 



which furnishes the water supply in whole or in part to 
any stream containing fish shall divert or lessen such 
water inflow or supply to an extent detrimental to the fish 
in such stream, reservoir, lake or body of water. [L. '99, 
p. 198, §13.] 

2774. Except as in this division otherwise provided, 
all game and fish, with the natural increase thereof, held 
or confined in any private park or lake of Class A, licensed 
under the preceding sections, shall during the existence 
of the license or any renewal thereof, be deemed the prop- 
erty of the licensee of the same to the extent that he may 
lawfully retain, pursue, capture, kill, use, sell or dispose 
of the game and fish therein in any quantity, at any time 
of year, and in any manner except as prohibited in sec- 
tions 4, 5 and 6 of division B of this act, by conforming 
to the conditions and subject to the restriction in this 
division prescribed in relation thereto, but not otherwise, 
and the pursuit, capture, wounding or killing of any game 
or fish in any licensed park or lake, public or private, with- 
out the consent of the proprietor, shall be unlawful; pro- 
vided, that the aggregate number of game or fish now in 
or hereafter collected and placed in any private park, or 
lake of class A, which contained any game or fish belong- 
ing to the state at the date of the taking effect of this 
act shall not be lessened by the killing, use, sale or dispo- 
sition thereof, except as provided in the next section, it 
being the purpose of this proviso to restrict such killing, 
use, sale and disposition to a number not exceeding in the 
aggregate the natural increase, and that the right to cap- 
ture, kill or dispose of birds in any park shall, except as to 
pheasants and quails, placed therein by the proprietor, and 
their natural increase, when taken or killed within such 
park, be subject to the provisions of division B hereof. 
[L. 99, p. 198, §14.] 

2775. If by reason of controlling necessity or for the 
purpose of stocking or replenishing some other park or 
lake, any proprietor of a park or lake of class A may de- 
sire to lessen the aggregate number above provided for, the 
commissioner may, on being satisfied of the propriety 
thereof, grant a permit therefor. 

Such permit shall be substantially in the following 
form: 

Form 4. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Permit to Lessen Number. 

No Class A. Denver, , 190 . . 

Being satisfied of the propriety thereof, Mr , 

proprietor of maintained under license 

No is hereby permitted to lessen the aggregate num- 

16 



ber of therein to the extent of 

This authorizes sale, but not transportation, and ex- 
pires with the year of its date. 

, Commissioner. 

[L. '99, p. 199, §15.] 

2776. When the proprietor of any licensed park or 
lake of class A shall sell or dispose of any game or fish as 
herein provided, he shall at the same time deliver to the 
purchaser or donee or attach thereto an invoice signed 
by such proprietor or his agent, stating the number of 
the license and name of such park, or lake, the date of 
disposition, the kind, and as near as practicable the num- 
ber and weight of such game or fish, the name and address 
of the purchaser, consignee or donee. Such invoice shall 
authorize transportation within this state, possession and 
use for thirty days after this date, and shall be substan- 
tially in the following form: 

Form 5. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FIS'H. 



Private Parks and Lakes — Invoice 

Name of Park or Lake Class A. 

No. of License .... Date , 190 . . 

Kind and number of game and fish 

Weight of same. . . .lbs. Name of consignee 

Address of consignee 

This authorizes transportation within this state, pos- 
session and sale for thirty days after date if attached to 
article. 

, Proprietor. 

By , Agent. 

[L. '99, p. 199, §16.] 

2777. Such proprietor or his agent shall at the same 
time mail, postpaid, a duplicate of such invoice to the 
commissioner at Denver; provided, that no invoice shall 
be required in case of fish lawfully taken or killed in such 
lake during the open season therefor, and within the quan- 
tity provided by division B hereof, while in the possession 
of the person capturing or killing the same, during the 
open season and for five days thereafter. [L. '99, p. 200, 
§17.] 

2778. When any such game or fish, for which an in- 
voice is required, is to be shipped by rail, express, or other 
carrier, public or private, the invoice shall be securely at- 
tached thereto or to the package containing the same, in 
plain sight, and the same may then be lawfully carried 
and delivered within this state to the consignee named in 
such invoice. [L. '99, p. 200, §18.] 

2779. If such game or fish is held, exposed or offered 
for sale or sold by the consignee or kept in any storage, 

17 



hotel, restaurant, cafe or boarding house, such invoice 
shall be kept attached thereto as aforesaid until the same 
shall have been prepared for consumption. [L. '99, p. 
200, §19.] 

2780. In case of a sale or disposition of a part of such 
game or fish the vendor shall at the same time make a 
copy of such invoice and indorse thereon the date of sale, 
the number and kind of game or fish so disposed of and 
the name of the purchaser, and sign and deliver the same 
to the purchaser or donee, who shall keep it attached as 
aforesaid until the game or fish is prepared for consump- 
tion, and the same shall have the same force and effect as 
the original invoice. [L. '99, p. 200, §20.] 

2781. Any wilful misstatement in or any omission of 
a substantial requirement from any invoice or ,copy there- 
of, shall render the same void and be deemed a violation 
of this act, and the possession of such game or fish shall 
be unlawful, and the possession of any game or fish with- 
out such invoice or a copy thereof attached thereto when 
so as above required shall be unlawful. [L. '99, p. 201, §21.] 

2782. The proprietor of every private park and lake 
licensed under the preceding sections shall, whenever re- 
quired by the commissioner, make and send to the com- 
missioner at Denver a report showing as near as prac- 
ticable the kind, number, age and sex of the game, and the 
kind and number of the fish, added and disposed of during 
the year preceding and on hand at the date of the report. 
[L. '99, p. 201, §22.] 

2783. No grantee or lessee of a bird-shooting privi- 
lege at or upon any lake or body of water, nor any grantee 
or lessee of a fishing privilege in or upon any stream or 
any part thereof, shall pursue, take, wound or kill any bird 
at, upon or in such lake, or body of water, or fish in or 
upon such stream or permit the same, until he shall have 
procured a license therefor from the commissioner, and 
lakes and streams licensed under this section shall be 
designated as licensed preserves, but no such license shall 
be granted for any lake or body of water not wholly on 
land held by private ownership or under the laws relating 
to reservoirs or irrigation, nor for any part of a stream not 
wholly on land held by private ownership, nor shall any 
such license or any other person pursue, take, wound or 
kill any bird at, upon or in any lake, body of water, nor 
fish in or upon any stream licensed under this section, or 
have in possession or dispose of game or fish from any 
preserve otherwise than as provided in division B of this 
act, nor shall any person shoot or fish on a licensed pre- 
serve without the consent of the licensee. [L. '99, p. 201, 
§23.] 

2784. Licenses under the last preceding section may 
he obtained as near as may be in the manner provided for 



obtaining licenses for parks and lakes and shall be sub- 
stantially in the following form: 
Form 6. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Licensed Preserves. 

No Denver, , 190 . . 

This certifies that (grantee or lessee) of 

, situated on section 

township , range , in county, 

Colorado, is licensed to (shoot or fish) thereon or therein 
and permit others to do so during the open season therefor 
and in conformity with the law. 

This does not authorize transportation or sale and ex- 
pires years after this date. 

, Commissioner. 

[L. '99, p. 202, §24.J 

2785. The rights acquired by the proprietor of a pri- 
vate lake licensed hereunder, and the prohibitions hereof, 
shall extend to and include all channels connecting a 
series or group of lakes under one license, and the com- 
missioner may authorize the use of such screens or other 
appliances as may be necessary to prevent the fish in a 
licensed lake or class A from escaping, and it shall be the 
duty of the proprietor to adopt and use such screens or 
other appliances as the commissioner may direct to pre- 
vent the fish in public waters from entering such lake. 
[L. '99, p. 202, §25.] 

2786. When the owner of a private park or lake has 
granted or leased to another the right to keep and propa- 
gate game or fish therein, the grantee or lessee shall be 
deemed the proprietor and entitled to the license. [L. '99, 
p. 202, §26.] 

2787. A series or group of lakes under one proprietor- 
ship or lease and situated in reasonable proximity to each 
other, may be included in one license, either as a private 
lake or licensed preserve. [L. '99, p. 202, §27.] 

2788. In case of diverse proprietorship the license may 
be joint if the proprietors so elect, otherwise a separate li- 
cense shall be required for each interest and the rights 
thereunder shall be co-extensive with or in proportion to 
such interest. [L. '99, p. 203, §28.] 

2789. There shall be kept posted conspicuously and 
not more than forty rods apart on the borders of each 
park and each licensed stream, preserve, plain notices not 
less than one foot square, stating that the same is private 
property, and warning persons against trespassing thereon, 
and a similar notice shall be posted at or near each cardi- 
nal point of the compass on the border of each private 
lake, and lake preserve. [L. '99, p. 203, §29.] 

19 



2790. In case of a transfer of proprietorship or interest 
in any park, lake or preserve, the transferee shall within 
thirty days thereafter procure from the commissioner a 
transfer of the license endorsed on the back thereof. 
[L. '99, p. 203, §30.] 

2791. In case of parks, lakes and shooting and fish- 
ing privileges existing at the taking effect hereof, licenses 
therefor shall be applied for and the fee paid within three 
months after such taking effect. [L. '99, p. 203, §31.] 

2792. Licenses for private parks, lakes and preserves 
may be for two years or ten years, as the applicant may 
desire, and any license shall be renewed from time to time 
at request of licensee for a like period as the original, or 
a two-year license may be surrendered at any time, and 
one for ten years obtained on payment of the full amount 
of the fee for the latter. Each renewal shall bear the 
same number as the original, and be of similar form, with 
the word "renewal" written on its face. A renewal must 
be applied for and the fee paid at or before the expiration 
of the original license or of the previous renewal, otherwise 
the same fee shall be paid as for an original license. Li- 
censes for public parks and lakes shall be for ten years 
and renewed from time to time. [L. '99, p. 203, §32.] 



20 



IV. 
DIVISION D. 

Importation — Transportation — Storage — Seizure — Sale. 

2793. No game or fish shall be brought into this state 
from any other state or territory except as provided in this 
division. [L. '99, p. 204, §1.] 

2794. Game and fish intended to be used for propaga- 
tion in or stocking parks or waters within this state may 
be brought into this state from any other state or terri- 
tory, and the commissioner shall issue certificates therefor 
without charge. [L. '99, p. 204, §2.] 

2795. Game or fish intended for any purpose other than 
those mentioned in the last preceding section may be 
brought into this state only from those states and terri- 
tories the laws of which at the time of such importation do 
not prohibit the importation and sale therein of game and 
fish from this state, and game and fish so imported into 
this state may be held and disposed of only as provided 
in this division. [L. '99, p. 204, §3.] 

2796. No person shall import or bring into this state 
from any other state or territory, and sell, any game or 
fish of the kind mentioned in this act until he shall have 
procured from the commissioner a license as a game and 
fish importer, but no such license shall authorize the im- 
portation or sale of game, the killing of which is not per- 
mitted by the laws of this state. 

Such license shall be kept constantly and publicly ex- 
posed in the office or place of business of the licensee, 
and shall expire with the calendar year in which issued. 
[L. '03, p. 234, §4.] 

2797. Upon the receipt of imported game or fish the 
importer shall immediately attach thereto an invoice stat- 
ing the number and kind of game and fish, the name of 
the person and place received from, the date of reception 
and the number of the importer's license and sign the 
same. [L. '03, p. 234, §4.] 

2798. In case of a disposition of such game or fish, 
or any part thereof, the importer shall deliver such in- 
voice, or a true copy thereof, to the purchaser or donee. 
[L. '03, p. 234, §4.] 

2799. In case the purchaser or donee shall desire to 
re-dispose of the same, or any part thereof, he shall in- 
dorse on such invoice, or on a copy thereof, the name of 
the purchaser or donee, his own name and the date of re- 
disposition, and deliver the same to the purchaser or donee. 
[L. '03, p. 234, §4.] 

2800. Such invoice or copies thereof so made, when 
kept attached to such game or fish, shall authorize the pos- 
session, sale, storage, transportation and use of the same 

21 



within this state at any time during the year of the date 
thereof. [L. '03, p. 234, §4.] 

2801. All game and fish seized under this act shall, 
without unnecessary delay, be sold by the officer seizing 
the same, or by the commissioner, except when a sale is 
impracticable or is likely to incur expenses exceeding the 
proceeds, in which case the same shall be donated to any 
needy person not concerned in the unlawful killing or 
possession thereof. Possession by virtue of such sale or 
donation shall not be unlawful. The proceeds thereof, 
after deducting the costs of seizure and sale, shall, if 
made by the commissioner or any warden, be paid into 
the state treasury, but if made by a sheriff or constable 
shall be paid, one-half to the commissioner and one-half 
into the treasury of the county where the seizure was 
made. [L. '99, p. 206, §9.] 

2802. In case of such seizure and disposition the offi- 
cer making the same shall sign and give to each purchaser 
or donee an invoice stating the time and place of disposi- 
tion, the kind, quantity and weight, as near as may be, of 
the game or fish disposed of and the name of the purchaser 
or donee. Such invoice shall authorize possession, trans- 
portation within this state, storage and sale for thirty days 
after date and shall be substantially in the following form: 

Form 10. STATE OF COLORADO. 

DEPARTMENT OF GAME AND FISH. 



Officers' Invoice. 

190.. 

Disposed of by me this day to 

the following game and fish, to wit: Kind ; 

number, ; weight, ; the same having been 

seized and disposed of by me under the provisions of the 
game law. This authorizes possession, storage, transpor- 
tation within this state, and sale. Void after thirty days 
from date. 



(Title of Officer.) 

[L. '99, p. 207, §10.] 

2803. When any person lawfully in possession of game 
or fish shall desire to transport the same within this state, 
the transportation of which is not herein otherwise pro- 
vided for, or out of the state, the commissioner may, upon 
being satisfied that the possession and transportation is 
not in violation of the spirit of this act, grant a permit 
therefor, and thereafter during the period of ten days after 
its date, such transportation shall be lawful between the 
points therein named. Such permit shall be substantially 
in the following form: 



22 






Form 11. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Transportation Permit. 
No Denver, , 190 . . 

This certifies that Mr is entitled to 

transport from , Colorado, to 

the following game and fish to wit: 

This authorizes possession and transportation between the 
points named herein only, but not sale or storage. Void 
after ten days from date. 

, Commissioner. 

[L. '99, p. 207, §11.] 

2804. No railroad company, express company, stage 
company or other public carrier, messenger, baggage man, 
or person in charge of any public conveyance, nor any 
agent thereof, shall receive or store for transportation, or 
transport into, or within, this state any game or fish ex- 
cept as follows, namely: 

(1) When there is attached thereto a proper and valid 
certificate or permit signed by the commissioner or having 
a fac simile of his signature thereon and on its face au- 
thorizing transportation of the article named therein, and 
during the period therein stated. 

(2) At any time of year when the same is shipped 
from a private park or lake and has attached thereto a 
proper and valid invoice as required in division C of this 
act. 

(3) At any time of year when the same is in charge 
of the commissioner, or some person acting for him and 
under his written authority, or an officer having seized 
the same under the provisions of this act, or a game or 
fish commissioner or warden of the United States or some 
other state, territory or foreign country. 

(4) At any time of year when the same has been 
seized and sold by an officer and has attached thereto an 
invoice as provided in this division, and for thirty days 
after date of such invoice. 

(5) When there is attached thereto a proper and valid 
importer's invoice, authorizing transportation of the article 
therein named and during the period therein stated. 

(6) At any time of year when the same are small fry 
or fish for stocking purposes. 

(7) At any time of year when the same is being 
transported from some other state or territory into this 
state in conformity with section 2 or 3 of this division. 

(8) During the open season therefor and for five days 
thereafter when presented for shipment in lawful number 
or quantity. Each shipment if a deer must have attached 
thereto a hunting license coupon. See section 9, division 

23 



G. If birds or fish must have attached a domestic cer- 
tificate. See section 2, division K. [L. 99, p. 208, §12.] 

2805. Game or fish may be transported out of this 
state only when accompanied by a permit from the com- 
missioner authorizing the same, as provided in section 11 
of this division, or when being transported from some 
other state or territory where taken or killed, through 
this state to some other state or territory. [L. '99, p. 209, 
§13.] 

2806. Whenever any game or fish is presented for 
transportation or transported in a box, barrel, package or 
other covering so the game or fish is not plainly visible 
the consignor shall put on the outside of such covering a 
plain mark or label indicating the true contents, and the 
proper invoice, certificate, or permit, when one is required, 
shall be attached to the outside of the covering. [L. '99, 
p. 209, §14.] 

2807. Nothing herein shall make such carrier liable 
for transportation of game or fish when the same is trans- 
ported without charge or way bill and in the possession 
of a passenger; but such fact shall not exempt the same 
from seizure, if unlawfully taken, killed, held in posses- 
sion, or transported. [L. '99, p. 209, §15.] 

2808. Any person having the lawful possession of game 
or fish killed within this state, may, upon proof of such 
fact, have issued to him by the commissioner, a storage 
permit, which shall authorize storage, possession and use 
of the same riot longer than ninety days next ensuing the 
open season therefor. 

Such permit shall be substantially in the following 
form: 

Form 12. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Storage Permit. 
No Denver, , 190 . . 

Mr , residing at 

being in the lawful possession of killed 

within this state, is entitled to have the same kept in stor- 
age until next. This authorizes 

storage, possession and personal use until the date last 
mentioned above, but not transportation or sale. 

, Commissioner. 

[L. '99, p. 209, §16.] 

2809. No game or fish shall be received for or held in 
storage except as follows, namely: 

(1) During the open season therefor and for five days 
thereafter when the same is stored for the person lawfully 
in possession of the same. If a deer, a hunting license 
coupon must be attached. See section 9, division G. It 

24 



birds or fish a domestic certificate must be attached. See 
section 2, division K. 

(2) At any time of the year when there is attached 
thereto a proper and valid invoice as provided in division 
C hereof, relating to parks and lakes. 

(3) At any time of year when there is attached thereto 
a proper and valid importer's invoice as provided in this 
division, and during the life thereof. 

(4) At any time of year when there is attached there- 
to a proper and valid officer's invoice as provided in this 
division relating to the seizure and sale of game and fish, 
but storage under this sub-division shall not continue for 
more than thirty days after the date of such invoice. 

(5) When there is attached thereto a proper and valid 
certificate or permit signed by the commissioner and on its 
face authorizing storage of the article named therein, and 
during the period therein stated. [L. '99, p. 210, §16.] 

2810. No certificate, invoice or permit shall be of any 
validity unless the same is kept constantly and publicly 
exposed with, or attached in plain sight to, the article to 
which it relates, or to the covering of the same when 
covered, except as in this act otherwise expressly provided. 
[L. '99, p. 211, §17.] 



25 



V. 
DIVISION E. 

Hotels and Restaurants. 

2811. No game or fish shall be held in possession in 
or placed upon the table of any hotel, restaurant, cafe or 
boarding house, or named on its menu or bill of fare as 
food for its patrons, either under the name used in this 
act or under any other name or guise whatever except 
as follows, namely: 

(1) At any time of year when the same has been sold 
and is held in possession in accordance with the provisions 
of division D of this act, relating to the seizure and sale 
by an officer of game or fish killed or held in violation of 
this act. 

(2) At any time of year when the same has been fur- 
nished from a private park or lake of class A licensed 
under this act and sold, shipped and held in possession 
in accordance with the provisions of division C of this act 
relating to private parks and lakes, but this subdivision 
shall not apply to licensed preserves. 

(3) At any time of year when the same has been law- 
fully imported into this state and sold and held in pos- 
session in accordance with the provisions of division D 
of this act, relating to the sale of imported game and fish. 

(4) During the open season and for five days there- 
after, or during the life of a storage permit thereto at- 
tached, at the request of the person lawfully in possession 
of the same, and for the personal use of such person Or 
his invited guests. [L. 99, p. 211, §1.] 

2812. The naming of game or fish upon any such 
menu as food for patrons shall be prima facie evidence 
of the possession of the same by the proprietor of such 
hotel, restaurant, cafe or boarding house. [L. 99, p. 211, 
§2.] 

2813. All permits, invoices and copies of invoices re- 
ceived under this division shall be preserved by the pro- 
prietor for at least thirty days after the consumption of 
the game or fish therein described (unless sooner called 
for by the commissioner) and shall be delivered to the 
commissioner on demand therefor within such time. [L. 
99, p. 212, §3.] 



26 



VI. 
DIVISION F. 

Unlawful Devices — Destruction of the Same — Diversion 
and Pollution of Water. 

2814. Except as in this act otherwise permitted, no 
person shall use in the pursuit, taking, wounding or kill- 
ing of game and fish any dog, net, seine, trap, snag hook, 
trot line, artificial lights or device whatever. [L. 99, p. 
212, §1.] 

2815. Every net, seine, trap, explosive, poisonous or 
stupefying substance or device used or intended for use 
in taking or killing game or fish in violation of this act, 
and set, kept or found in or upon any of the waters in 
this state or upon the shores thereof, and every trap, de- 
vice or deadfall found baited in violation of this act, is 
hereby declared to be a public nuisance and may be abated 
and summarily destroyed by any person, and it shall be 
the duty of every officer authorized to enforce this act 
to seize and summarily destroy the same, and no prosecu- 
tion or suit shall be maintained for such destruction; pro- 
vided, that nothing in this division shall be construed as 
affecting the right of the commissioner to use such means 
as may be proper for the promotion of game and fish 
propagation and culture, nor as authorizing the seizure or 
destruction of firearms. [L. 99, p. 212, §2.] 

2816. Except as otherwise provided in this act, every 
dam or other artificial obstruction in the public waters 
containing food fish which interferes with the free passage 
of fish, and not provided with a sufficient fishway for the 
free passage of fish up and down the same, shall have 
such fishway constructed therein within six months after 
the taking effect of this act and no such dam or artificial 
obstruction shall hereafter be constructed, placed or main- 
tained in such waters without such fishway, except as here- 
inafter provided, but this section shall not apply to a point 
in a stream at which the whole volume of water is taken 
out and lawfully applied without unnecessary waste to a 
beneficial use. [L. '99, p. 212, §3.] 

2817. No dam or other obstruction to the free passage 
of fish shall hereafter be commenced, constructed or placed 
in any public stream containing fish, until the person pro- 
posing to do so shall first give written notice to the com- 
missioner of such intention, together with a statement 
of the name and location of such stream, the proposed 
location, size and purpose of such dam or obstruction, 
and thereafter comply with the reasonable directions of 
the commissioner in relation to the construction and main- 
tenance of a fishway therein. The expense of construc- 
tion and maintenance of such fishway shall be borne by 

27 



the person erecting such dam or obstruction. [L. '99, p. 
213, §4.] 

2818. Every fishway shall be constructed, maintained 
and repaired at the expense of the owner and operator of 
such dam or obstruction, and in the event of failure or 
neglect to comply with any reasonable directions given 
by the commissioner he may cause such construction, 
maintenance and repair to be made and the expense thereof 
recovered from such owner or operator in a civil action 
with a penalty of ten dollars for each and every day of 
such failure or neglect, and from the time such construc- 
tion or repair is commenced the expense thereof and the 
penalty aforesaid shall be a lien upon such dam or ob- 
struction and the premises connected therewith, until the 
completion thereof and payment of the expense and penalty 
incurred. [L. '99, p. 213, §5.] 

2819. In case of a dispute between the commissioner 
and any owner or operator as to the necessity, character, 
maintenance or repair of any fishway, the same may be 
judicially determined as herein provided in relation to 
alleged obstruction and pollution. [L. '99, p. 213, §6.] 

2820. No sawdust, tailings or other deleterious or 
poisonous substance shall be allowed to run or pass into 
or pollute any public waters containing fish, or deposited 
or left where it may be carried by natural causes into 
such waters, in such quantities as to destroy or be detri- 
mental to the fish or spawn therein, except as hereinafter 
provided. [L. '99, p. 213, §7.] 

2821. Every dam or other artificial obstruction, every 
placer mine, mill, reduction plant or other industrial enter- 
prise, constructed, maintained or operated in violation of 
this act, is hereby declared unlawful and a continuing 
public nuisance and the same may be enjoined or abated 
or its objectionable features modified as hereinafter pro- 
vided, and the person constructing, maintaining or operat- 
ing the same punished as for a violation of this act, and 
every day the same is so maintained or operated shall be 
deemed a separate offense. [L. '99, p. 214, §8.] 

2822. Whenever any such obstruction or pollution is 
alleged to exist, the commissioner, any citizen of the state 
or the owner or operator of such obstruction or industry, 
may file a petition in the district court of the county in 
which the obstruction or pollution is alleged to exist or 
originate, or into which any of the polluted water flows, 
for the purpose of having an equitable determination of 
the fact, nature and extent of such alleged obstruction 
or pollution and the remedy to be applied, if any, and a 
temporary injunction may issue upon notice of the fact of 
obstruction or pollution be evident and the necessity 
urgent, issues shall be made up as in other civil actions. 
[L. '99, p. 214, §9.] 

28 



2823. The action may be brought by the commissioner 
or a citizen of the state in the name of the people of the 
state on the relation of such person, but no such action 
shall be brought by a citizen without the consent of the 
commissioner, the attorney general or the district attorney 
of the district. 

In case an injunction is issued or an appeal taken on 
behalf of the people, no bond shall be required. The re- 
lator shall not be responsible for costs, but the same shall 
be paid by the state if it be defeated, or the commissioner 
may pay the same from any funds provided for the en- 
forcement of the game and fish laws. [L. '99, p. 214, §10.] 

2824. If the action is brought by the owner or op- 
erator, the people of the state shall be made defendants, 
and service of the summons shall be made upon the com- 
missioner, and a cross-petition may be filed with the same 
effect as an original petition. [L. '99, p. 215, §11.] 

2825. It shall be the duty of the district attorney of 
the district where any such action is brought, or to which 
it may go at any time, to appear on behalf of the people 
of the state, and conduct the same under the direction 
of the commissioner. If the district attorney shall fail 
or neglect to prosecute or defend such action to the satis- 
faction of the commissioner, it shall be the duty of the 
attorney general to appear and prosecute or defend for 
the people, or the commissioner may employ special coun- 
sel. [L. '99, p. 215, §12.] 

2826. On final hearing the court shall, without the 
intervention of a jury, determine if such obstruction or 
pollution exists, and if so, the cause, nature and extent 
thereof, the injurious effect, if any, upon the fish and 
their propagation, the means adopted, if any, by such 
owner or operator to obviate or prevent the same, the 
practicability or otherwise of more efficient means to pre- 
vent injury therefrom, and any other facts necessary to 
form an intelligent judgment of the public necessity, and 
importance of the industry concerned as compared with 
the like necessity and importance of such waters as a 
source of fish supply, if unaffected thereby, and having 
due regard to the public welfare and such constitutional 
and legal rights as may exist, may order the adoption by 
the owner or operator of such means as may be reasonable 
and practicable, to prevent or lessen the injurious effect of 
the same, or may abate the obstruction or perpetually 
enjoin the operations which cause the injury, or render 
such other judgment as the right of the cause may require. 
In determining the questions aforesaid the court shall not 
be precluded from considering the other beneficial uses to 
which such waters are or may be applied. [L. '99, p. 215, 
§13.] 

2827. The final judgment and decree of the court until 

29 



reversed or modified, and of the supreme court on final 
hearing, shall be a final determination of the rights of 
the parties thereto, under the facts existing and found by 
the court, and when complied with by the owner or opera- 
tor, or if the judgment shall be in his favor, shall be a bar 
to any criminal prosecution for the same or similar acts 
unless the cause, extent or nature of the injury be there- 
after changed so as to affect the fish supply more injuri- 
ously. [L. '99, p. 216, §14.] 

2828. In the event of a change in the cause, extent 
or nature of such injury, either increasing or diminish- 
ing the effect thereof, either party may at any time there- 
after file a supplemental petition in the district court 
where the cause was tried, and have such increased or 
diminished effect determined and the judgment modified 
accordingly, but the facts originally found shall not be 
retried upon such supplemental petition, nor shall the 
original judgment, whether finally rendered in such court 
or the supreme court, be modified or changed except as 
required by such changed conditions. [L. '99, p. 216, §15. J 
2829. Nothing herein shall prevent the granting of a 
new trial as provided by law. [L. '99, p. 216, §16.] 

2830. Appeal or writ of error in such action shall lie 
to or from the supreme court only, and all the evidence of- 
fered or introduced shall be reduced to writing and pre- 
served, and in the event of an appeal the supreme court 
shall try and determine the case de novo on such evidence; 
provided, that if the evidence or the findings of the court 
below on any essential fact be not satisfactory, the su- 
preme court may remand the same for retrial. [L. '99, p. 
216, §17.] 

2831. In case an order is made, before final judgment 
granting, modifying or refusing an injunction, an appeal 
from or writ of error to such order may be taken without 
waiting for final judgment. [L. '99, p. 216, §18.] 

2832. Nothing in this division shall prevent the en- 
forcement of this act by criminal prosecution in the ab- 
sence of the equitable proceeding herein provided for, or 
during the pendency of the same, unless the court in which 
such equitable proceeding is pending shall for good cause 
shown, restrain such criminal prosecution, which it may 
do, nor shall anything in this division affect any existing 
right for the prevention or redress of private injuries or 
wrongs. [L. '99, p. 216, §19.] 



SO 



VII. 
DIVISION G. 

Hunting and Fishing Licenses. 

2833. No person shall shoot or engage in hunting any- 
game, whether protected by law or not, or in fishing for 
any fish protected by law without first having procured a 
license therefor as hereinafter provided, and having at the 
same time such license in his possession; nor shall any 
person lend, sell, give or assign his license or any coupon 
belonging thereto except when game is disposed of as per- 
mitted by law, in which case the proper certificate must 
accompany it. [L. '09, p. — , §5.] 

2834. Nothing in this division contained shall authorize 
the pursuit, taking, wounding or killing of game or fish 
in the close season, or contrary to the laws now in force or 
hereinafter enacted, nor in any manner interfere with the 
enforcement or operation of such laws, except as herein 
otherwise provided, or be deemed applicable to fishing by 
persons under 12 years of age. [L. '09, p. — , §5.] 

2835. All licenses must be upon blanks furnished by 
the commissioner, but may be issued by the commissioner 
or by any county clerk, and except those for bird hunting 
only, shall be good in any and all counties in the state. 

Licenses shall be as follows: 

(1) A non-resident hunting license. 

(2) A non-resident bird hunting license, good only in 
the county therein named. 

(3) A resident hunting license. 

(4) A fishing license for non-resident. 

(5) A combined hunting and fishing license, issued on 
one blank. [L. '09, p. — , §5.] 

2836. The fee for fishing license for a non-resident it 
shall be $2.00. [L. '09, p. — , §5.] 

2837. No person not a citizen of the United States and 
a bona fide resident of this state shall engage in hunting 
or fishing therein without a non-resident hunting or fishing 
license, and the commissioner or county clerk shall require 
satisfactory proof of residence from any person claiming 
to be exempt from the operation of this section. [L. '09, 
P. — §5.] 

2838. When a license is issued by a county clerk, the 
fee shall be the same as if issued by the commissioner, and 
25 cents thereof shall be for the personal compensation of 
such clerk for filing the application, issuing the license, 
keeping a record thereof, making a report, and all other 
services connected therewith, and shall be in addition to 
any other salary or compensation. The remaining seventy- 
five cents to be remitted to the fish and game commissioner. 
[L. '09, p. — , §5.] 

2839. No license shall be transferable, or be any pro- 



tection except to the person to whom it was issued and 
therein named, and while in his actual possession, and 
any transfer or alteration of a license or coupon shall ren- 
der the same void, and all licenses shall expire with the 
calendar year in which issued. Each license shall be num- 
bered and shall state the name, age, sex and place of resi- 
dence of the person to whom issued, and the officer issuing 
the same shall keep a record thereof. [L. '09, p. — , §5.] 

2840. It shall be the duty of the commissioner to pre- 
pare and furnish on or before May 1 each year to the 
county clerks blank licenses in such number as may be 
required, and no license of any kind shall be issued ex- 
cept on a blank furnished by the commissioner, which 
shall have attached to it the necessary coupons, each 
coupon having thereon a fac-simile of his signature, and 
when any person shall take or kill any game quadruped, 
such person shall as soon as practicable detach from his 
license and attach thereto, in plain sight, the proper 
coupon, date and sign his name to the same, and the 
coupon shall be kept so attached so long as any consider- 
able portion of the carcass remains unconsumed, and in 
case it is desired to preserve either the hide, head, feet or 
horns', the coupon shall be kept attached to such part as 
long as it is preserved. [L. '03, p. 236, §8.] 

2841. The proper coupon, when so dated, signed and 
attached to game lawfully taken or killed and lawfully in 
possession shall authorize possession, use, storage and 
transportation of the carcass, or any part thereof within 
tbe state during the open season therefor of the year of 
its date and for five days thereafter. The coupon so at- 
tached to the hide, head, feet or horns shall authorize any 
licensed taxidermist to dress or mount the same, and shall 
render it lawful for any person to hold, possess and trans- 
port the same within this state so long as such coupon is 
so attached. [L. '03, p. 236, §9.] 

2842. The possession of protected game or fish at any 
time in the field shall be prima facie evidence that the 
party having such possession is engaged, or has been en- 
gaged, within the year in taking same. [L. '03, p. 237, §10.] 

2843. The commissioner and every warden throughout 
the state, and every sheriff and constable within his re- 
spective county, is authorized, and it shall be his duty, to 
arrest any person guilty of a violation of this division and 
to demand of any person whom he has reason to believe 
is or has been engaged in hunting or fishing in this state, 
within the year, the immediate production of a proper 
license therefor and an opportunity to inspect and copy 
the same, and it shall be the duty of every person required 
by this act to procure and have in possession such license, 
to so produce the same, and permit such inspection, and 
copying. [L. '03, p. 237, §11.] 

32 



2844. It shall be the duty of every county clerk col- 
lecting any license fee under this act to report to the com- 
missioner on or before November 10 in each year, or when- 
ever the commissioner may require, a full statement of 
all such licenses issued by him, and to return to the com- 
missioner all unused licenses, together with a remittance 
of the fees therefor. [L. '09, p. — , §5.] 

2845. No person shall procure or use more than one 
coupon of the same number, nor procure or use more than 
one license in any one year, nor use any coupon after it 
has been used once and a violation of this section shall 
render all such licenses and coupons void. [L. '03, p. 237, 
§13.] 

2846. Every person hunting or fishing in any licensed 
park or preserve must have a license as provided in this 
division, but where game is lawfully killed in a licensed 
park and an invoice is attached thereto, as provided in 
division C of said act, no coupon from such license need 
be attached. [L. '03, p. 237, §14.] 

2846-a. Birds lawfully taken at large, and fish lawfully 
taken from public waters within the state during the open 
season must have attached thereto a certificate in the fol- 
lowing form: 
Form 13. 

STATE OF COLORADO. 
I hereby certify that the (here insert kind and number 
of birds or fish) to which this certificate is attached were 

lawfully taken by me in ; county, 

Colorado, on the day of , 19 . . . 

(Signed) 

[L, '09, p. — §5.] 



33 



VIM. 
DIVISION H. 

Guide Licenses. 

2847. No person shall directly or indirectly engage or 
act as guide, as the term is commonly understood, for any 
person or party engaged in hunting protected game, with- 
out having satisfied the commissioner of his reliability and 
competency and procured from the commissioner a license 
therefor and having the same in his possession while so 
acting. [L. '03, p. 238, §1.] 

2848. Every guide licensed under thif. act shall, by 
virtue of such license, be entitled to act as a deputy war- 
den, without pay, and when commissioned as such, shall 
have all the powers of a deputy warden, as provided in 
said act, and if he shall violate, or connive or assist in any 
violation of this act, his license and commission may be 
revoked by the commissioner, and he shall be disqualified 
to act as a guide during that year, and also be liable to 
punishment as for a violation of this said act. [L. '03, p. 
238, §2.] 

2849. Every guide shall, as often as requested and on 
blanks furnished by the commissioner, report under oath 
to the commissioner the names and number of persons 
guided by him, the number of days he has been so em- 
ployed, and, as near as practicable, the number of game 
and fish taken or killed by such persons and himself, and 
such other information as the commissioner may deem de- 
sirable. The fee for a guide license shall be in addition to 
the fee required for a hunting license, and every guide 
shall procure a state hunting license and have the same 
in his possession while acting as a guide. All such licenses 
shall expire with the calendar year in which issued. [L. 
'03, p. 238, §3.] 



34 



IX. 
DIVISION J. 

Taxidermists — Scientific Societies — Mounted Specimens. 

2850. No person shall engage in taxidermy for hire 

until he shall have procured a license therefor. 

Licenses under this section for taxidermists engaged in 
business at the taking effect of this act must be procured 
within three months after such taking effect. [L. '03, p^ 
239, §1.] 

2851. The word "specimen" as herein used means the 
head, horns, feet and hide, or either one or all of them, 
mounted or dressed, or unmounted or undressed, of a game 
quadruped protected by law, and no such specimen shall 
be brought ino this state by any person, except as pro- 
vided in said act, nor shall any such specimen, either do- 
mestic or brought from any other state, territory or foreign 
country, be mounted, dressed, transported or held in pos- 
session in this state by any person, except as provided in 
this division, nor shall any such specimen be sold unless 
the same was lawfully imported or killed prior to the tak- 
ing effect of this act, and the evidence thereof attached 
thereto, as herein provided. [L. '03, p. 239, §2.] 

2852. It shall be the duty of the commissioner as soon 
as may be after the taking effect of this act to examine, 
or cause to be examined, all specimens of protected game 
quadrupeds in the possession of taxidermists, and to fur- 
nish and have a tag affixed, without charge, to each speci- 
men which appears to be lawfully held, and it shall be the 
duty of every person to afford an opportunity for and per- 
mit such examinations and tagging without hindrance. 
[L. '03, p. 239, §3.] 

2853. If any specimen has been lawfully imported by^ 
or was lawfully owned by and in the possession of a taxi- 
dermist prior to the passage of this act, the commissioner 
shall, upon satisfactory proof of such fact, affix thereto, 
without charge, a tag showing the same, or any taxidermist 
or other person desiring to import any specimen shall ap- 
ply to the commissioner who, if such importation appears 
to be proper, shall issue a certificate therefor, and such 
specimen may be lawfully held or sold so long as the evi- 
dence thereof remains attached thereto. [L. '03, p. 239, §4.] 

2854. The commissioner may, upon the written request 
of the. governor, issue to any representative of, or person 
designated by, a reputable and duly incorporated society 
of natural history or science, a permit to collect for sci- 
entific purposes only, at any time of the year, any of the 
game and fish protected by law, upon the applicant being 
recommended by two well-known scientific men and ex- 
ecuting to the state a bond in the sum of $1,000, with ac- 

35 



ceptable sureties. Such permit shall authorize the person 
therein named to take or kill within the state and deliver 
to such society such game and fish, and the same, when 
so lawfully procured, may be thereafter mounted or dressed 
and held in possession; hut nothing herein shall authorize 
the procurement of game or fish taken or killed unlawfully, 
or exempt a person unlawfully taking or killing the same 
from the penalties therefor. 

In case any game or fish procured under this section 
shall not be appropriated to scientific purposes, the bond 
aforesaid shall be forfeited to the state and the permit be- 
come void. 

All persons acting under a permit as aforesaid shall be 
required to have a hunting license for the same purpose. 
[U '03, p. 240, §5.] 

2855. Any person other than a taxidermist, in lawful 
possession of any specimen, and desiring to perpetuate 
the evidence of the legality of his possession, may apply 
to the commissioner, and upon it being so made to appear, 
the commissioner shall issue to him a certificate to that 
effect. [L. '03, p. 240, §6.] 

2856. The conditions under which specimens referred 
to in this division may be dressed, mounted, held in pos- 
session or transported within this state, are as follows, 
namely: 

1. When there is attached thereto a hunting license 
coupon, as provided in this act. 

2. When there is attached thereto a certificate, per- 
mit, as provided in this act. 

3. When there is attached thereto a certificate, permit, 
tag or invoice, as provided in this act, or in the act to 
which this is amendatory. [L. '03, p. 240, §7.] 

2857. In case it is desired that the head, horns, feet 
or hide shall be separated the commissioner may issue, 
without charge, a duplicate coupon or tag for one or more 
of the parts, describing the same. 

The alteration of any certificate, permit, tag or invoice, 
or its use on any other specimen than the one for which 
it was issued shall render it void. [L. '03, p. 241, §8.] 

2858. Nothing in this division shali be deemed ap- 
plicable to living game. [L. '03, p. 241, §9.] 



36 



X. 

DIVISION K. 

Domestic Certificates — General Provisions. 

2859. Every person lawfully taking any domestic game 
or fish shall without delay attach thereto a certificate 
signed by him and stating the kind, number, and when and 
where the same were taken, and in case the same, or any 
part thereof, shall be donated to another, shall indorse such 
fact on the certificate, or on a copy of the same, and sign 
it. Such certificate (or copy indorsed when required) shall 
be deemed prima facie evidence of lawful possession, and 
authority to transport and store the same within the state 
during the open season and for five days thereafter; and 
the possession, transportation or storage of such game or 
fish without such certificate (or copy indorsed when re- 
quired) attached thereto shall be unlawful. 

Provided, that this section shall not apply to game or 
fish having attached thereto a proper hunting license 
coupon, or an invoice from a private park or private lake. 

Blank certificates in the form of tags for this purpose 
may be furnished by the commissioner at cost. [L». '03, p. 
241, §1.] 

2860. Such certificate shall be substantially in the fol- 
lowing form: 

Form 13. 

STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 



Domestic Certificate. 

I hereby certify that the to which 

this certificate is attached lawfully 

taken by me in county, Colorado, on 

the day of , 190 . . 

(Signed) 

[L. '03, p. 242, §2. J 
2861. The commissioner or any warden, if he so elect, 
or any other officer charged with the enforcement of the 
laws relating to game and fish, if so directed by the com- 
missioner, may bring a civil action in the name of the 
state against any person unlawfully wounding or killing, 
or unlawfully in possession of any game quadruped, bird or 
fish, and recover judgment for each such animal the fol- 
lowing minimum sums as damages for the taking, killing 
or injury thereof, towit: 

For each elk $ 200.00 

For each deer 50.00 

For each antelope 100.00 

For each mountain sheep 200.00 

For each buffalo or bison 1,000.00 

37 



For each beaver 25.00 

For each bird 10.00 

For each fish 1.00 

No verdict or judgment recovered by the state in such 
action shall be for less sum than hereinbefore fixed, but 
may be for such greater sum as the evidence may show 
the value of the animal to have been when living and un- 
injured. Such action for damages may be joined with the 
action for possession now provided in said act, and re- 
covery had for the possession and also the damages as 
.aforesaid. 

All moneys collected under this section shall be im- 
mediately paid over by the justice or clerk of the court 
collecting the same as follows: One-third into the treas- 
ury of the county where the offense was committed, one- 
third to the fish and game fund, and one-third to the per- 
son instituting the action; provided, that if the person in- 
stituting the action shall fail for ten days after such col- 
lection and due notice thereof to demand the portion to 
which he is entitled, [the] same shall be paid to the fish 
and game fund, and the right of such person thereunder 
shall be deemed forfeited. The commissioner, any warden 
or officer instituting a prosecution shall be entitled to a 
share in the fine [sum] collected the same as any other 
person and [it] shall be a personal perquisite for which 
he need not account. 

Neither the pendency nor determination of such action, 
nor payment of such judgment, nor the pendency nor de- 
termination of a criminal prosecution for the same taking, 
wounding, killing or possession shall be a bar to the other, 
nor affect the right of seizure under any other provision 
of the laws relating to game and fish. [L. '03, p. 243, §3.] 

2862. No fine, penalty or judgment assessed or ren- 
dered under this act, or the act to which it is amendatory, 
shall be suspended, reduced or remitted otherwise than as 
expressly provided by law. [L. '03, p. 243, §4.] 

2863. It shall be the duty of the commissioner, and 
he shall have authority to prescribe and prepare, all the 
forms and blanks required by this act. He shall also pre- 
scribe and prepare forms and blanks for applications for 
all licenses, certificates and permits, and no license, cer- 
tificate or permit shall be issued except upon an applica- 
tion sworn to by or on behalf of the applicant, stating his 
age, place of residence and such other particulars as will 
identify the person to whom the license, certificate or per- 
mit is to be issued, and any false statement in any appli- 
cation shall render the license or permit issued thereon 
void. [L. '03, p. 243, §5.] 

2864. Immediately upon the passage of this act, and 
every two years thereafter, the commissioner shall revise 

38 



and publish in pamphlet form, for general distribution, 
the laws and regulations in force relating to game and 
fish, at a cost not exceeding $300 biennially, and the same 
shall be prima facie evidence and shall be taken as such 
in all courts of this state of the existence of such laws, 
rules and regulations. [L. '03, p. 243, §6.] 

XI. 

DIVISION M. 

Records — Reports — Fees — Repeal— Taking Effect. 

2866. The commissioner shall keep a record of all 
moneys received and of all licenses, certificates, permits 
and tags issued by him, numbering each class separately, 
and in case of the loss of any one of them before its ex- 
piration by use, or lapse of time, and upon being satisfied 
of the good faith of the applicant, shall issue a duplicate 
.thereof bearing the same date and number as the original. 
On the face of such duplicate he shall endorse the follow- 
ing: "Duplicate, original lost," and such duplicate shall 
have the same force and effect as the original, and he shall 
collect therefor the same fee as for the original, but not 
exceeding the sum of $10.00 in any case. [L. '99, p. 219 r 

II.] 

2867. That commissioner shall charge and collect the 
following fees: 

For each permit to take salmon, etc $ l.OO 

For each permit for storage 1.00 

F'or each certificate of importation, edible portion... 1.00 

For each scientific permit, domestic society 1.00 

For each scientific permit, foreign society 50.00 

For each permit to capture or exchange. 1.00 

For each permit to lessen game or fish in park or lake 1.00 

For each bird park, two-year license ■ : 10.00 

For each renewal of same. 8.00 

For each bird park, ten-year license 25.00 

For each renewal of same 20.00 

For each lake, two-year license for first lake 10.00 

For each renewal of same 8.00 

For each lake, two-year license for each aditional 

lake 5.00 

For the renewal of same, each additional lake 3.00 

For each lake, ten-year license for first lake 25.00 

For each renewal of same 15.00 

For each lake, ten-year license, each additional lake. . 10.00 

For each renewal of same, each additional lake 5.00 

For each preserve, two-year license 10.00 

For each renewal of same 8.00 

For each preserve, ten-year license 25.00 

For each renewal of same 15.00 

39 



For each transfer of any license 1.00 

For each permit for transportation out of the state: 

For each elk, edible portion 10.00 

For each mountain sheep, edible portion 5.CT0 

For each deer, edible portion 5.00 

For each fish, edible portion 25 

For each bird, edible portion 25 

For each non-resident general hunting licens 10.00 

For each non-resident bird hunting license for one 

day 1.00 

For each non-resident bird hunting license for one 

week . . 2.00 

For each state hunting license 1.00 

For each non-resident fishing license 2.00 

For each guide license 5.00 

For each taxidermist license, one year 5.00 

For each importer's license, one year 50.00 

For each certificate, permit or license not herein pro- 
vided for 1.00 

[L. '09, p. — , §4.] 

2868. The commissioner shall procure and keep on 
hand a supply of all blanks required for use under this 
act, and immediately upon the taking effect thereof shall 
furnish to the proprietors of licensed parks and lakes, and 
to importers and vendors entitled under this act to import 
and sell foreign or domestic game and fish, such blank in- 
voices as they may require, at a price not exceeding 25 
per cent, advance on their cost. [L. '99, p. 220, §3.] 

2869. When an arrest for a violation of this act is 
made by a sheriff or constable, the usual fee in a case 
of misdemeanor shall be taxed in his favor, and if not col- 
lected from the defendant, or if the defendant is acquitted, 
shall be paid by the county; and the necessary and ordi- 
nary fees and expenses of every posse lawfully summoned 
and engaged in the enforcement of this act shall be taxed 
as a part of the costs, and if not collected from some per- 
son liable therefor, shall be paid out of the state treasury 
in the same manner as is provided for the payment of the 
expenses of the commissioner. [L. '99, p. 221, §4.] 

2870. When an arrest for violation of this act is made 
by the commissioner, or warden, and the defendant is con- 
victed, there shall be taxed as costs in favor of the officer 
making the arrest the same fees as a constable is entitled 
to in a case of misdemeanor, and, if collected from the de- 
fendant, shall be paid over to such officer and shall be a 
personal perquisite for which he need not account, but no 
such fees shall be allowed in case of acquittal, nor shall 
the county or state be liable for such fees in any event. 
[L. '99, p. 221, §5.] 

2871. In case of a seizure and sale of game or fish 

40 



taken or held in violation of this act, the officer making 
the same shall be entitled to the mileage allowed to a 
constable for serving a writ of replevin, and the reason- 
able cost of transporting the game or fish to the place 
of sale, and $3 per day for each day actually and neces- 
sarily spent in making the sale, which sums he may deduct 
from the proceeds of sale, but in no event shall the county 
or state be liable foi any deficiency, and such fees when 
earned by the commissioner or warden shall be a per- 
sonal perquisite for which he need not account, but when 
such fees are collected from the proceeds of sale no other 
expenses shall be allowed any officer on account of the 
seizure, transportation or sale. [L. '99, p. 221, §6.] 

2872. In all cases the officer making a seizure or sale 
shall, within ten days thereafter, report all the particulars 
thereof and an itemized statement of the proceeds, ex- 
penses and fees and the disposition thereof, and pay the 
remainder of the proceeds, if any, to the commissioner. 
[L. '99, p. 221, §7.] 

2873. Every warden shall, in the month of December 
of each year, and at such other times as the commissioner 
may require, report to the commissioner as to all viola- 
tions of and prosecutions under this act occurring in his 
district, together with such other information as the com- 
missioner may require. [L. '99, p. 222, §8.] 

XII. 

DIVISION M. 

Penalties — Prosecutions — Fines. 

2874. Every attempt to violate any provision of this 
act shall be punishable to the same extent as an actual 
violation thereof, and any such attempt or violation by an 
agent, clerk, officer or employe, while acting for a corpora- 
tion, shall render such corporation liable also, and an ac- 
cessory may in all cases be prosecuted and punished as a 
principal. [L. '99, p. 217, §1.] 

2875. The failure of any person or officer to perform 
any act, duty or obligation enjoined upon him by this act 
shall be deemed a violation thereof. [L. '99, p. 217, §2.] 

2876. Every person using dynamite or other explosive, 
or any poisonous or stupefying substance, or pursuing, tak- 
ing, wounding, killing or having in possession any bison 
or buffalo, in violation of this act, shall be punished by a 
fine of not less than $500 nor more than $1,000, or by im- 
prisonment in the penitentiary not less than six months 
nor more than two years, or by both such fine and impris- 
onment. [L. '99, p. 217, §3.] 

2877. Every person or officer violating any of the 
provisions of this act, otherwisa than as contemplated in 
section 3 of this division, shall be guilty of a misdemeanor 

41 



and be punished u? a fine of not less than $25 nor more 
than $500, or by imprisonment in the county jail not less 
than ten days nor more than six months, or by both suctt 
fine and imprisonment. [L. '99, p. 217, §4.] 

2878. Every person convicted and fined under this act 
shall be imprisoned until the fine and costs are paid, and 
shall not be discharged therefrom on account of his in- 
ability to pay the same until he shall have been actually 
imprisoned one day for each $5 of the fine. [L. '99, p. 217, 

2879. Prosecutions under this act may be commenced 
either by indictment, complaint or information, and district 
and county courts and justices of the peace in their re- 
spective counties shall have concurrent original jurisdic- 
tion of all offenses under this act, except those contem- 
plated in section 3 of this division, of which justices of the 
peace shall not have jurisdiction otherwise than as com- 
mitting magistrates. [L. '99, p. 218, §6.1 

2880. The accused shall be entitled to a jury, as in 
other criminal cases, and an appeal shall lie from a justice 
of the peace as in cases of assault and battery. Appeals 
from and writs of error to the district and county courts 
shall lie as in other criminal cases. [L. '99, p. 218, §7.] 

2881. It shall be the duty of each district attorney to 
prosecute all violations of this act, occurring within his 
district, that may come to his knowledge, or when so re- 
quested by the commissioner or any officer charged with 
its enforcement, the same at all times to be subject to the 
supervision and control of the commissioner. [L. '99, p. 
'218, §8.] 

2882. In any prosecution under this act, any partici- 
pant in a violation thereof, when so requested by the dis- 
trict attorney, commissioner, warden or other officer insti- 
tuting the prosecution, may testify as a witness against 
any other person charged with violating the same, and 
liis evidence so given shall not be used against him in any 
prosecution for such violation. [L. '99, p. 218, §9.] 

2883. All moneys collected for fines under this act shall 
be immediately paid over by the justice or clerk collecting 
the same, as follows: One-third into the treasury of the 
county where the offense was committed, one-third to the 
commissioner, and one-third to the person instituting the 
prosecution. Provided, that if the person instituting the 
prosecution shall fail for ten days after such collection and 
due notice thereof to demand the portion to which he is 
entitled, the same shall be paid to the commissioner and 
the right of such person thereunder shall be deemed for- 
feited. 

The commissioner, any warden or officer instituting a 
prosecution shall be entitled to a share in the fines col- 

42 






lected the same as any other person, and it shall be a per- 
sonal perquisite for which he need not account. [L. '99, p. 
218, §10.] 

2884. It shall be the duty of every justice of the peace 
and clerk of a court before whom any prosecution under 
this act is commenced or shall go on appeal, and within 
twenty days after the trial or dismissal thereof, to report 
in writing the result thereof and the amount of fine col- 
lected, if any, and the disposition thereof to the commis- 
sioner at Denver, [L. '99, p. 219, §11.] 

2885. The words "said act," wherever used herein, re- 
fer to the act to which this is amendatory, and the penal 
provisions of said act shall be applicable to this act the 
same as if this act had been incorporated therein and 
passed as a part thereof, and all acts or parts of acts 
inconsistent with this act are hereby repealed. 

AN ACT 

To Protect Birds, and Their Nests and Eggs. 
Be it Enacted by the General Assembly of the State of 
Colorado: 

2886. No person shall, within the State of Colorado, 
kill or catch, or have in his or her possession, living or 
dead, any wild bird other than a game bird, or purchase, 
offer or expose for sale, transport, or ship within or with- 
out the state, axiy such wild bird after it has been killed 
or caught. No part of the plumage, skin, or body of bird 
protected by this section shall be sold or had in possession 
for sale except as permitted by this act. For the purpose 
of this act the following only shall be considered game 
birds: The anatidae, commonly known as ducks, geese, 
brants, crane and swan; the rallidae, commonly known as 
rails, gallinules, coots and phalaropes, avocets, stilts, wood- 
cocks, snipes, dowitchers, sandpipers, sanderlings, godwits, 
yellow-legs, willets, curlews, plovers, kill-deers and turn- 
stones; the gallinae, commonly known as quails, partridges, 
grouse, prairie chickens, pheasants, and wild turkeys, the 
columbae, commonly known as wild pigeons and doves. 
[L. '03, p. 227, §1.] 

2887. No person shall, within the State of Colorado, 
take or needlessly destroy the nest or the eggs of any wild 
bird, nor shall have such nests or eggs in his or her pos- 
session, except as permitted by this act. [L. '03, p. 227, §2.] 

2888. Any person who violates any of the provisions 
of sections 1 and 2 of this act shall be guilty of a misde- 
meanor, and shall be liable to a fine of not more than 
twenty-five dollars for each bird, living or dead, or part 
of birds, or nest, or set of eggs, or part thereof, possessed 
in violation of this act, or to imprisonment for not more 

43 



than ten days, or both, at the discretion of the court. 
[L. '03, p. 227, §3.] 

2889. Sections, 1, 2, and 3, of this act shall not apply- 
to any person holding a permit giving the right to take 
any wild birds, their nests or eggs for scientific purposes, 
as provided for in section 5 of this act. [L. '03, p. 228, §4.] 

2890. Permits shall be granted by the State Game and 
Fish Commissioner or by the Governor, to any properly 
accredited person of the age of eighteen years or over, 
authorizing the holder thereof to collect any wild birds, 
their nests and eggs, for strictly scientific purposes only. 
In order to obtain such permit the applicant for same must 
present to the person having the pow&r to grant said per- 
mit written endorsement from an incorporated state so- 
ciety of Natural History, certifying to the good character 
and fitness of said applicant to be intrusted with such 
privilege; must pay to said person fifty cents to defray the 
necessary expenses attending the granting of such permits; 
and must file with said person a properly executed bond, 
in the sum of one hundred dollars, signed by two respon- 
sible citizens of the state as sureties, or issued by some 
responsible surety company. On proof that the holder of 
such a permit has killed any bird, or taken the nest or 
eggs of any bird, for other than scientific purposes, his 
bond shall be forfeited to the state, and the permit be- 
come void, and he shall be further subject for each such 
offense to the penalties provided therefor in section 3 of 
this act. The fees collected under this act shall go into 
the state game fund. [L. '03, p. 228, §5.] 

2891. The permits authorized by this act shall be in 
force for one year only from the date of their issue, and 
shall not be transferable. [L. '03, p. 228, §6.] 

2892. English or European house sparrows (Passer 
domesticus), sharp-shinned hawks (accipiter velox), 
Cooper's hawks (accipiter cooperi), goshawks (accipiter 
atricapillus), duck hawks (falco peregrinus anatum), great 
horned owls (bubo virginanus subarcticus), pinon jays, 
magpies, blue jays, and eagles, their nests or eggs, are 
not included among the birds, their nests or eggs protected 
by this act. »[L. '03, p. 228, §7.J 

2893. Form for scientific permit to collect birds and 
their nests and eggs. 

No Denver, Colo , 190.. 

I, , having received satisfac- 
tory evidence that is en- 
gaged in the collection of wild birds, birds' nests and eggs 

for scientific purposes, and having received from h 

the fee and bond as provided for by this act, do hereby 

grant h permission to collect any wild birds, their 

nests and eggs, for strictly scientific purposes only, in ac- 

44 



cordance with the provisions of the law enacted therefor r 
and in case of wanton destruction of birds, their nests or 
eggs, or killing birds for other than strictly scientific pur- 
poses by said this permit 

shall be revoked by the grantor thereof, or his successor, 
his bond shall be forfeited to the state and he shall be 
subject to the penalties provided in sections 3 and 5 of 
this act. 

This permit expires the day of 

nineteen hundred , and is not transferable. 

The holder thereof is not authorized to collect speci- 
mens in defiance of local laws or regulations, nor in viola- 
tion of laws against trespass on private property. 

(Seal) 



Approved April 11, 1903. [L. '03, p. 229, §9.] 

All acts and parts of acts in conflict with this act are 
hereby repealed, but such repeal shall not affect or abate 
any prosecution now pending or hereafter brought for any 
offense committed prior to the taking effect of this act, 
but the same may be prosecuted and punished as in said 
acts provided. 



45 



INDEX 

Section. 

Act to protect birds 2886 

Applications for licenses, etc 2863 

Appointment of Commissioner and Deputy 2725 

Appointment and salary of Clerk 2727 

Appointment of Game Wardens 2728 

Attempt to violate same as violation 2874 

Authority of Commissioner 2730 

Authority of Sheriffs and Constables 2734 

Baiting traps 2757 

Biennial report of Commissioner 2733 

Bond of Commissioner 2726 

Building dams in public streams 2817 

Civil actions for game 2738-2861 

County Clerks must make report 2844 

Corporations, how arrested ". 2750 

Commissions revoked 2751 

Coupon attached to deer 2841 

Dams and fishways 2821 

Definition of terms used 2746 

Diversion of waters 2773 

District Attorney must prosecute 2825-2881 

Domestic certificate 2859 

Duties of Commissioner and Wardens 2732 

Dynamiting fish 2758 

Fines, how disposed of 2861 

Fines, not remitted or suspended 2862 

Fees to be collected by Commissioner 2867 

Fees for hunting licenses — disposition to same 2838 

Fish killed when taken '. 2756 

Game and fish, how shipped 2763-2803 

Game and fish, how imported 2793 

Game and fish seized and sold : 2802-2871 

Guide licenses 2847 

Game and fish seized while being transported 2735 

Game and fish protected 2728 

Game fund.'. 2728-2731 

Hotels and restaurants 2811 

Hotels must preserve invoice 2813 

How game and fish may be shipped from private parks 

and lakes 2778 

How game and fish may be brought into this state. . . .2794 
Hunting licenses . . . , 2833 

46 



Hunting license must be produced 2843 

Hunting licenses not transferable 2839 

Indians violating the law 2736 

Invoice — parks and lakes 2776 

Importation of game and fish restricted 2793 

Importer's license 2796 

Importer's shall invoice 2797 

Imported game and fish 2795 

Injunction issued — when 2882 

Joint ownership of license 2788 

License when revoked 2752 

Lakes licensed 2761 

Licenses when renewed 2792 

Licenses lost 2866 

Notices against trespassing 2789 

Ownership of game and fish 2739 

Owners of licensed parks and lakes must make report. 2782 

Open seasons 2759 

Officers' invoice 2802 

Obstruction of waters 2821 

Possession prima facie evidence 2748-2842 

Pollution of streams 2820 

Prohibited territory 2754 

Permit for seining 2760 

Public and private parks 2765 

Parks licensed . 2764 

Permits to capture or exchange 2768 

Private parks and lakes — invoice 2776 

^Preserves licensed . . . . 2783 

public nuisances 2762-2815 

Packages labeled 2806 

Penalties, prosecutions, fines 2877 

Prosecutions, how commenced 2879 

Replevin of fish and game 2738 

Records to be kept by Commissioner 2866 

Repeal of acts 2885 

Revision of game and fish laws 2864 

Salary of Commissioner and Deputy 2725 

Salary of Superintendents 2729 

Salary of Wardens 2728 

Scientific permit 2854 

Seizures and search 2734 

Selling fish, fry or ova 2740 

Setting fires 2737 

Sex — evidence preserved 2755 

Stocking parks and preserves 2767 

Storage permits . . . 2808 

Special counsel employed 2825 

Specimens imported 2851 

Sale of game and fish seized 2801 

Tags — duplicate issued 2857 

47 



p 



Taking fish or spawn 2749 

Taxidermist license 2850 

Transportation permits 2803 

Transportation out of state 2805 

Transfer of license 2790 

Unlawful devices 2814 

Use of game cash fund 2728-2749 

Young animals retained 2749 

Words construed . . . 2746 

When game and fish may be sold from parks and lakes. 2776 

When seized game and fish may be sold 2871 

When imported game and fish may be sold 2796 

When game or fish may be transported or sold 2763 



48 



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